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Title 38 — Veterans’ Benefits

Part II · Chapter 17 — Hospital, Nursing Home, Domiciliary, and Medical Care

§ 1783. Bereavement counseling

Statutory text

(a)

Deaths of Veterans.—

In the case of an individual who was a recipient of services under section 1782 of this title at the time of the death of the veteran, the Secretary may provide bereavement counseling to that individual in the case of a death—

(1)

that was unexpected; or

(2)

that occurred while the veteran was participating in a hospice program (or a similar program) conducted by the Secretary.

(b)

Deaths In Active Service.—

(1)

The Secretary may provide bereavement counseling to an individual who is a member of the immediate family of a member of the Armed Forces who dies in the active military, naval, air, or space service in the line of duty and under circumstances not due to the person’s own misconduct.

(2)

For purposes of this subsection, the members of the immediate family of a member of the Armed Forces described in paragraph (1) include the parents of such member.

(c)

Provision of Counseling Through Vet Centers.—

Bereavement counseling may be provided under this section through the facilities and personnel of centers for the provision of readjustment counseling and related mental health services under section 1712A of this title.

(d)

Bereavement Counseling Defined.—

For purposes of this section, the term “bereavement counseling” means such counseling services, for a limited period, as the Secretary determines to be reasonable and necessary to assist an individual with the emotional and psychological stress accompanying the death of another individual.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 title II § 208(b) · 115 Stat. 2446

    Enacted · 38 U.S.C. § 1783

    Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2463

    Source evidence

    Code source credit
    Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2463

    Enacted provision · exact public law section
    (b) Consolidation of Provisions Relating to Persons Other Than Veterans.— Such chapter is further amended by adding at the end the following new subchapter: “SUBCHAPTER VIII— HEALTH CARE OF PERSONS OTHER THAN VETERANS “§ 1782. Counseling, training, and mental health services for immediate family members “(a) Counseling for Family Members of Veterans Receiving Service-Connected Treatment.— In the case of a veteran who is receiving treatment for a service-connected disability pursuant to paragraph (1) or (2) of section 1710(a) of this title, the Secretary shall provide to individuals described in subsection (c) such consultation, professional counseling, training, and mental health services as are necessary in connection with that treatment. “(b) Counseling for Family Members of Veterans Receiving Non-Service-Connected Treatment.— In the case of a veteran who is eligible to receive treatment for a non-service- connected disability under the conditions described in paragraph (1), (2), or (3) of section 1710(a) of this title, the Secretary may, in the discretion of the Secretary, provide to individuals described in subsection (c) such consultation, professional counseling, training, and mental health services as are necessary in connection with that treatment if— “(1) those services were initiated during the veteran’s hospitalization; and “(2) the continued provision of those services on an outpatient basis is essential to permit the discharge of the veteran from the hospital. “(c) Eligible Individuals.— Individuals who may be provided services under this subsection are— “(1) the members of the immediate family or the legal guardian of a veteran; or “(2) the individual in whose household such veteran certifies an intention to live. “(d) Travel and Transportation Authorized.— Services provided under subsections (a) and (b) may include, under the terms and conditions set forth in section 111 of this title, travel and incidental expenses of individuals described in subsection (c) in the case of any of the following: “(1) A veteran who is receiving care for a service-connected disability. “(2) A dependent or survivor receiving care under the last sentence of section 1783(b) of this title. “§ 1783. Bereavement counseling “(a) Deaths of Veterans.— In the case of an individual who was a recipient of services under section 1782 of this title at the time of the death of the veteran, the Secretary may provide bereavement counseling to that individual in the case of a death— “(1) that was unexpected; or “(2) that occurred while the veteran was participating in a hospice program (or a similar program) conducted by the Secretary. “(b) Deaths In Active Service.— The Secretary may provide bereavement counseling to an individual who is a member of the immediate family of a member of the Armed Forces who dies in the active military, naval, or air service in the line of duty and under circumstances not due to the person’s own misconduct. “(c) Bereavement Counseling Defined.— For purposes of this section, the term ‘bereavement counseling’ means such counseling services, for a limited period, as the Secretary determines to be reasonable and necessary to assist an individual with the emotional and psychological stress accompanying the death of another individual. “§ 1784. Humanitarian care “The Secretary may furnish hospital care or medical services as a humanitarian service in emergency cases, but the Secretary shall charge for such care and services at rates prescribed by the Secretary.”.

  2. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 216(a) · 120 Stat. 3403

    1. Amended · 38 U.S.C. § 1783(b)

      Pub. L. 109–461, § 216(a), designated existing provisions as par. (1)

    2. Added · 38 U.S.C. § 1783(b)

      Pub. L. 109–461, § 216(a), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–461, § 216(a), designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (a) Clarification of Members of Immediate Family Eligible for Counseling.— Subsection (b) of section 1783 38 USC 1783. is amended— (1) by inserting “(1)” before “The Secretary”; and (2) by adding at the end the following new paragraph: “(2) For purposes of this subsection, the members of the immediate family of a member of the Armed Forces described in paragraph (1) include the parents of such member.” .

  3. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 216(b) · 120 Stat. 3403

    1. Added · 38 U.S.C. § 1783(c); 38 U.S.C. § 1783(d)

      Pub. L. 109–461, § 216(b), added subsec. (c)

    2. Redesignated · 38 U.S.C. § 1783(c); 38 U.S.C. § 1783(d)

      Pub. L. 109–461, § 216(b), redesignated former subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 109–461, § 216(b), added subsec. (c) and redesignated former subsec. (c) as (d).

    Enacted provision · exact public law section
    (b) Provision of Counseling Through Vet Centers.— Such section is further amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): “(c) Provision of Counseling Through Vet Centers.— Bereavement counseling may be provided under this section through the facilities and personnel of centers for the provision of readjustment counseling and related mental health services under section 1712A of this title.” .

  4. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(31) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 1783(b)(1)

    Pub. L. 116–283 substituted “air, or space service” for “or air service”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (31) Section 1783(b)(1).

6 of 6 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 1783 was renumbered section 3683 of this title.

Amendments2006–2021 · 2 rounds

2021

Subsec. (b)(1). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

2006

Subsec. (b). Pub. L. 109–461, § 216(a), designated existing provisions as par. (1) and added par. (2).

Subsecs. (c), (d). Pub. L. 109–461, § 216(b), added subsec. (c) and redesignated former subsec. (c) as (d).

Credits

2002–2021 · 3 acts
  1. 2002Added Pub. L. 107–135, title II, § 208(b), , 115 Stat. 2463
  2. 2006amended Pub. L. 109–461, title II, § 216, , 120 Stat. 3424
  3. 2021Pub. L. 116–283, div. A, title IX, § 926(a)(31), , 134 Stat. 3830.
Show as published

(Added Pub. L. 107–135, title II, § 208(b), , 115 Stat. 2463; amended Pub. L. 109–461, title II, § 216, , 120 Stat. 3424; Pub. L. 116–283, div. A, title IX, § 926(a)(31), , 134 Stat. 3830.)

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